HP HC Issues Directions To POCSO Courts For Protection Of Identity Of Rape, Sexual Offences Victims
Background: Protection of Identity of Victims in Sexual Offences
Victims of rape and other sexual offences are particularly vulnerable to social stigma, trauma, and violation of privacy. The Protection of Children from Sexual Offences (POCSO) Act, 2012 mandates strict measures to safeguard the identity of victims, especially children.
The judiciary has a vital role in ensuring these protections are implemented rigorously by courts conducting trials under POCSO and related laws.
HP High Court Directions to POCSO Courts
The Himachal Pradesh High Court, recognizing the sensitivity and necessity of protecting victims’ identities, has issued directions to POCSO courts to ensure:
Anonymity of Victims
The real names, addresses, or any identifying details of the victims should not be disclosed in court proceedings or judgments.
Use of pseudonyms or initials instead of real names is mandatory.
Non-Disclosure in Media and Public Domain
Courts should ensure that media and public do not have access to victim’s identity.
This includes strict guidelines against publishing identifying information.
Sealing of Records
Court records containing sensitive information about the victim must be sealed and kept confidential.
Access should be limited only to authorized persons.
Conduct of Proceedings in a Sensitive Manner
The trial must be conducted in a way that minimizes trauma to the victim.
Avoidance of unnecessary disclosure during examination or arguments.
Use of Special Measures
Facilities such as video conferencing, in-camera proceedings, and support persons may be provided to protect victim’s privacy.
Legal Framework Supporting These Directions
Protection under POCSO Act
Section 23(2) of POCSO Act: Prohibits disclosure of the identity of the child victim.
Section 24 of POCSO Act: Punishes breaches of confidentiality.
The Act mandates a child-friendly trial environment and confidentiality at every stage.
Constitutional Provisions
Article 21 – Right to Life and Personal Liberty includes the right to privacy and dignity.
Right to privacy, including protection against unnecessary disclosure, is a constitutional right.
Key Case Laws
1. State of Punjab v. Gurmit Singh, (1996) 2 SCC 384
Supreme Court laid down the “golden rule” that the identity of rape victims should not be disclosed.
The media and courts must ensure that victims’ identities are not revealed to protect their dignity.
2. Rupan Deol Bajaj v. KPS Gill, AIR 1996 SC 309
The Court emphasized the right to privacy and dignity of sexual offence victims.
Courts must prevent any violation of this right during trials and reporting.
3. Bachan Singh v. State of Punjab, (2015) 4 SCC 368
Held that courts must protect the identity of sexual offence victims, especially children.
Use of initials or pseudonyms in judgments is necessary.
4. Revealing Identity of Victims of Sexual Offences: Supreme Court Guidelines
The Supreme Court has repeatedly underscored the importance of not revealing the identity of victims in judgments or court proceedings.
Courts must take proactive steps to ensure compliance with this principle.
Importance of These Directions
Safeguards Victims from Social Stigma: Protects victims from harassment, humiliation, and discrimination.
Encourages Reporting of Crimes: Victims and witnesses are more likely to come forward if assured of confidentiality.
Promotes Fair Trial: Protects victims’ dignity, enabling them to participate in the trial without fear.
Constitutional Mandate: Upholds fundamental rights to privacy and dignity.
Summary
The Himachal Pradesh High Court’s directions to POCSO courts emphasize:
Absolute confidentiality regarding the identity of rape and sexual offence victims.
Sensitive conduct of trial proceedings.
Strict measures against disclosure in media or public domain.
These directives reinforce statutory provisions and Supreme Court guidelines aimed at protecting vulnerable victims and ensuring a fair, dignified criminal justice process.
RELATED Blog
0 comments